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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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If the one accused of zina forgives the accuser, is the hadd dropped?

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Question : Regarding the right of the heart. We said that it is a hadath (state of ritual impurity). So, for example, if the owner of a right forgives the one who committed the act, is it dropped?

Answer : Yes. There is scholarly disagreement on this issue. A group of scholars, including the Zahiris, held that it is a right of Allah. They said that the hadd for falsely accusing someone of zina is carried out against the accuser, whether the accused demands it or not. They said that if the accused does not care about his own honor, we care about it because he is a Muslim, and we do not want Muslims to be targets for false accusations of zina. The verse is general,
And those who accuse chaste women and then do not produce four witnesses - lash themوَالَّذِينَ يَرْمُونَ الْمُحْصَنَاتِ ثُمَّ لَمْ يَأْتُوا بِأَرْبَعَةِ شُهَدَاءَ فَاجْلِدُوهُمْ
[An-Nur 24:4]
just as it says
The [unmarried] woman or [unmarried] man found guilty of sexual intercourse - lash each one of them with a hundred lashesالزَّانِيَةُ وَالزَّانِي فَاجْلِدُوا كُلَّ وَاحِدٍ مِّنْهُمَا مِائَةَ جَلْدَةٍ
[An-Nur 24:2]
.
Some others say that it is a right of the accused, and the hadd is not carried out unless he demands it. This is because it is possible that the accused knows from his own state that he is not a chaste person. One of the conditions for carrying out the hadd on the accuser is that the accused is chaste. It is possible that the accused knows from his own state that he is not chaste, that, may Allah protect us, he commits zina and is not of good character. In that case, carrying out the hadd on the accuser would be a transgression and an injustice.
Source قناة «فضيلة الشيخ محمد بن صالح العثيمين»، [889] إذا عفا المقذوف عن القاذف، فهل يسقط الحد؟ - ابن عثيمين — youtube.com

The Arabic text is a machine transcription of the audio recording.

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